It seems during every congressional cycle the possibility of a repeal of the McCarran-Ferguson Act (MFA) crops up. The most colorful attempt was 10 years ago when former Sen. Trent Lott (R.-Miss.), dubbed at the time "the angriest man to have been empowered in the past election" by a Wall Street Journal reporter, called the National Association of Mutual Insurance Companies (NAMIC), promising to bring down the industry. His weapon of choice? The repeal of the MFA.
This time Congress is looking at a repeal as it relates to health insurance, brought on by the repeal-and-replace debate of the Affordable Care Act. Since the ACA was first debated and approved, to the current debate over its repeal and replacement, the repeal of McCarran's limited antitrust exemption has been floated as a curative to what ails the healthcare industry, with bills introduced every two years.
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